Exploring Legal Horizons
Navigating Complex Topics with Expert Analysis
REQUEST A CONSULTATION NOW
Vehicular Homicide in Florida
If someone is involved in an accident and another motorist dies, there are usually civil consequences, but when is the line crossed and the matter becomes criminal? In Florida, vehicular homicide is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Florida Statutes § 782.071. Vehicular homicide in Florida is a second-degree felony, punishable by up to fifteen years in prison, 120 hours of community service at...
My Loved One Was Convicted of a Crime–An Excessive Sentence Part III
If a person enters a plea to the judge, sometimes called an open plea, or if someone is found guilty after a trial, the next step in the process is a sentencing hearing. At the sentencing hearing, both the State and the defense advocate for an appropriate sentence. Generally, the court is more likely to sentence someone to jail or prison when a person is convicted after a jury trial. After 1998, when an individual is charged with noncapital felony, he or she is scored on a scoresheet pursuant to the Florida Criminal Punishment Code. The scoresheet provides the lowest permissible sentence...
My Loved One Was Convicted of a Crime—Can They Bond Out? Part II
After trial, a judge will usually remand a person to jail with no bond pending sentencing. After being sentenced, the lengthy appeal process begins. A frequent question is “Can my loved one post a bond while the appeal is pending?” The answer is possibly. After someone is convicted, there is no constitutional right to a bond and Florida Statutes § 924.16 state that the decision whether to grant a person post trial release is left to the discretion of the trial judge. Unfortunately, there are many legal exclusions that prevent a person from being eligible for bail pending appeal. Under...